7 results for 'judge:"Bowen "'.
[Modified.] J. Bowen corrects a few typos with no change in judgment. The trial court was not vindictive in a full resentencing hearing that ended with a four-month-longer sentence than was originally imposed on domestic violence, assault and other convictions. Unauthorized terms were withdrawn, while the extra four months was permissible upon resentencing, and the trial court gave all arguments thoughtful consideration. Nonetheless, the sentence on one of the counts should run concurrently instead of consecutively, so the aggregate sentence is reduced by one year. Reversed in part.
Court: California Courts Of Appeal, Judge: Bowen, Filed On: December 18, 2023, Case #: A166756, Categories: Sentencing, Double Jeopardy, Domestic Violence
J. Bowen finds the trial court properly denied defendant's petition for relief from sex offender registration requirements. Defendant was convicted by guilty plea for attempting to distribute harmful material to a minor. The plea was in exchange for the dismissal of a charge for an attempted lewd act with a minor. Though defendant says he is a tier 1 offender and has satisfied his 10-year registration requirements, he was convicted of a felony violation that was later reduced to a misdemeanor. Guiding law prohibits a trial court from relieving such a defendant of the lifetime registration requirement, and the requirement is not a form of punishment under the state or federal constitutions. Affirmed.
Court: California Courts Of Appeal, Judge: Bowen , Filed On: December 14, 2023, Case #: A164739, Categories: Sentencing, Sex Offender, Child Victims
J. Bowen finds that the trial court was not vindictive in a full resentencing hearing that ended with a four-month-longer sentence than was originally imposed on domestic violence, assault and other convictions. Unauthorized terms were withdrawn, while the extra four months was permissible upon resentencing, and the trial court gave all arguments thoughtful consideration. Nonetheless, the sentence on one of the counts should run concurrently instead of consecutively, so the aggregate sentence is reduced by one year. Reversed in part.
Court: California Courts Of Appeal, Judge: Bowen, Filed On: November 21, 2023, Case #: A166756, Categories: Sentencing, Double Jeopardy, Domestic Violence
J. Bowen rules in favor of the deputy, officer and police chiefs in a civil rights and excessive force action brought by the veteran arising after he was tased and arrested during an altercation he had with police in the midst of a PTSD-related episode. The police officials are entitled to qualified immunity. The deputy's use of a taser on the veteran was reasonable to prevent him from harming the police chief and to bring the situation under control. Another officer acted reasonably when he threw the veteran to the ground at a hospital to arrest him.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: November 15, 2023, Case #: 3:22cv21, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Bowen finds that the trial court properly denied defendant's petition for relief from a lifetime requirement to register as a sex offender. He is subject to lifetime registration because he was charged with a felony and pleaded guilty to a felony and the trial court's reduction of the conviction to a misdemeanor did not eliminate the duty. Affirmed.
Court: California Courts Of Appeal, Judge: Bowen, Filed On: September 13, 2023, Case #: A164739, Categories: Sentencing, Sex Offender
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J. Bowen rules in favor of the insurer in a declaratory judgment action seeking affirmation that the limit of its obligation to indemnify the estate administrator in connection with a fatal car collision is $100,000 rather than the administrator's claimed liability coverage of $1 million. The insured chose two-tiered uninsured motorist coverage in its initial policy which applied in every renewal and executed a selection rejection form in three policy years demonstrating its intent to elect lesser coverage. The decedent is subject to the second tier of coverage and the insurer is therefore required to indemnify the insured for the collision in the amount of $100,000.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: September 12, 2023, Case #: 3:22cv4, NOS: Insurance - Contract, Categories: Insurance
J. Bowen partially grants the county's motion to dismiss a civil rights action arising from the officials' alleged deliberate indifference to the individual's needs and their failure to provide him with prescribed medication while he was in jail. The individual claimed that officials denied him medical care after a fellow inmate kicked him in the crotch and split the skin on his penis. Several claims asserted by the individual improperly include multiple allegations against multiple parties. The individual is therefore ordered to file a second amended complaint to correct the deficiencies.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: July 24, 2023, Case #: 3:22cv145, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights